N.J. Admin. Code § 3A:50-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:50-3.3 - Legal responsibilities

(a) An agency shall be authorized to place children for adoption, accept relinquishment of parental rights, receive custody and/or guardianship of a child and have the right to consent to adoption. An agency that takes custody or guardianship of the child shall also be legally responsible for the child under care or guardianship until the adoption is finalized or until the child's custody and care or guardianship is transferred to another certified agency or person.

(b) When an agency transfers a child, the agency shall document the reasons for such action in the case record and shall verify that the second agency to which the child is being transferred is licensed, certified, or approved in the state where it is based.

(c) A New Jersey-certified agency may work cooperatively with an out-of-State agency only if:

1. The New Jersey-certified agency verifies that the out-of-State agency is licensed, certified, or approved as required in the state or country where the adoption services are provided or where the child will be placed;

2. Both agencies execute a written cooperative agreement; and

3. Both agencies develop a written plan detailed in the cooperative agreement that:

i. States which agency shall have legal custody of the child;

ii. Defines financial and social work responsibilities before, during, and after the placement of each child; and

iii. Defines, in case of disruption before the child's adoption has been finalized, which agency maintains custody of the child, is responsible for securing a new placement for the child, and how the child will be transported to the new placement.

(d) A New Jersey-certified agency may work with an intermediary only if the agency verifies that the intermediary does not receive money or other valuable consideration in connection with the placement of a child for adoption, pursuant to N.J.S.A. 9:3-39.1. This shall not prohibit the receipt of payment for services rendered prior to the contemplation of the placement of a non-New Jersey child in New Jersey if the intermediary services were legally permissible at the time and place rendered and compliant with Federal law, inclusive of treaty obligations.

N.J. Admin. Code § 3A:50-3.3

Amended by R.1992 d.514, effective 12/21/1992.
See: 24 N.J.R. 3500(a), 24 N.J.R. 4552(a).
Non-profit status required at (c)1.
Amended by R.1995 d.431, effective 8/7/1995.
See: 27 N.J.R. 661(a), 27 N.J.R. 2922(a).
Added (d).
Amended by R.2011 d.245, effective 10/3/2011.
See: 42 N.J.R. 1965(a), 43 N.J.R. 2600(a).
In the introductory paragraph of (c) and in (c)3ii, substituted "out-of-State" for "out-of-state"; in (c)1, inserted "or placing a child in a state other than New Jersey"; in (c)2, substituted "Office of Licensing" for "Bureau"; in (c)3i, deleted "and" from the end; in (c)3ii, substituted "; and" for a period at the end; and added (c)3iii.
Amended by R.2016 d.052, effective 6/6/2016.
See: 47 N.J.R. 3078(a), 48 N.J.R. 103(a), 48 N.J.R. 965(a).
Rewrote (c) and (d).